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Co-Chair Letter to Sec. Chu

Dear Secretary Chu:
At the direction of the President, you charged the Blue Ribbon Commission on America’s
Nuclear Future with reviewing policies for managing the back end of the nuclear fuel
cycle and recommending a new plan. We thank you for choosing us to serve as Co-
Chairmen of the Commission and for selecting the talented and dedicated set of
Commissioners with whom we serve.
We have sought to ensure that our review is comprehensive, open and inclusive. The
Commission and its subcommittees have heard from hundreds of individuals and

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Legal Analysis of Commission Recommendations for Near-Term Actions

At the request of the staff to the Blue Ribbon Commission on America’s Nuclear Future (“BRC”), we have reviewed whether certain recommendations in the BRC’s July 29, 2011 Draft Report respecting near-term actions by the Department of Energy (“DOE”) or other officers or agencies in the Executive Branch can be implemented under existing law. These recommendations relate to:
(1) Initial steps to site, license and construct consolidated interim storage facilities for spent nuclear fuel (“spent fuel”);

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Legal Background and Questions Concerning the Federal Government’s Contractual Obligations Under the “Standard Contracts” with “Utilities”

This Memorandum analyzes issues related to the Standard Contract between the U.S. Department of Energy (“DOE”) and the “utilities.” Beginning with a discussion of specific provisions of the Standard Contract, this Memorandum then analyzes the status of lawsuits involving the Standard Contract, reviews issues related to on-site storage of spent fuel and HLW, and assesses the prospects for modifying the current waste-disposal regime through Federal legislation or amendments to the Standard Contract.

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ANS Position Statement: Licensing of Yucca Mountain as a Geological Repository for Radioactive Wastes

The American Nuclear Society (ANS) supports (1) the development and use of geological
repositories for disposal of high-level radioactive wastes and (2) expeditious processing of the
Yucca Mountain license application in an open, technically sound manner. Geological disposal
means placing the wastes hundreds of feet underground and far from the biosphere. The U.S.
Nuclear Regulatory Commission (NRC) is following a legislatively well-defined regulatory
process to evaluate the safety of the proposed Yucca Mountain Site to meet both the scientific

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Co-Mingled and Defense-Only Repositories

At the request of the staff to the Blue Ribbon Commission on America’s Nuclear Future (“BRC”), we have reviewed the following questions:
1. Is there legal authority for DOE or any other entity to undertake to site a repository for “co-mingled” nuclear materials (i.e., civilian and defense spent nuclear fuel (SNF) and high-level radioactive waste (HLW)) at any site other than Yucca Mountain?

Community

ANS Position Statement: Creation of an Independent Entity to Manage U.S. Used Nuclear Fuel

It is increasingly apparent that the United States will require a large expansion of nuclear power
generation capacity to meet its future baseload electricity needs while reducing greenhouse gas
emissions. As a result, Congress and the Administration must act to update U.S. nuclear fuel
cycle policy to address these realities. This will likely require a multifaceted approach involving
some combination of on-site/centralized dry cask interim storage, nuclear fuel recycling, and
emplacement of high-level wastes in long-term geological storage.

Community

Letter to The Honorable Dr. Steven Chu, Secretary of Energy - Blue Ribbon Commission request for approval to establish and populate the three subcommittees.

Dear Secretary Chu:
Thank you for your remarks to the Blue Ribbon Commission on America’s Nuclear Future at our inaugural meeting on March 25, 2010. Your guidance was both enlightening and invaluable as we establish a plan to fulfill the Commission’s charter.

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